The Supreme Court of Kenya has ruled in favor of the family of former President Daniel Toroitich Arap Moi in a case involving a multi-million estate in Eldoret.
In a ruling on Friday, August 1, 2024, the Supreme Court overturned an earlier judgement by the Court of Appeal that would have seen the family of the late President Moi and that of billionaire Jaswant Rai part with billions of shillings as a compensation package to a family in Eldoret over allegations of a grabbed land.
Supreme Court Judges led by Chief Justice (CJ) Martha Koome in the ruling said there is nothing on record to show that the late President acquired the disputed property in a fraudulent manner.
“The Court of Appeal case of Chief Land Registrar & 4 Others v. Nathan Tirop Koech & 4 Others; Civil Appeal No. 51 of 2016; [2018] eKLR was relevant and applicable to the present consolidated appeal.
What we have are claims of disenfranchisement of the family of ex-chief Noah Chelugui from the ownership of the suit property. The claims are based on allegations of loss of title deed to the suit property,” read part of the ruling.
According to the Supreme Court judges, it was not for them “to delve into the veracity, effect or such evidence”, but rather the duty of the High Court and the Court of Appeal.
Case Involving Property Linked to President Moi
“The ratio in the referenced case is that third parties, including the 1 appellant herein, acquired good title to their portions pursuant to the subdivision and re- subdivision of L.R No. 10492, and the subsequent transfers of the sub-plots,
Accordingly, the Supreme Court grants the following orders: The consolidated appeal is hereby allowed; The Judgment of the Court of Appeal dated 22nd July 2022 is hereby overturned,” the ruling reads in part.
The High Court in a judgement dated May 2019 had made a determination that the acquisition of the property in question by the late President was irregular and unprocedural.
Moi and Rai Plywood were further ordered by Judge Ombwayo to pay the Estate of the Late Noah Chelugui the current market value of the said property being compensation for the land illegally registered in the name of the former president and later transferred to Rai Plywood.
Also Read: Moi’s Daughter-in-law Sues Family Over Son’s Ksh 2.5Million Hospital Bill
Aggrieved by Judge Ombwayo’s decision which meant that they were to pay a compensation amounting to about Ksh1.6 billion, Moi and Rai moved to appeal the ruling.
However, the court of appeal affirmed the decision of the High Court which saw the executive of Moi’s will Senior Counsel Zehranabu Janmohamed consequently launch another appeal, together with Rai.
Appeal
Senior Counsel Zehranabu Janmohamed argued that President Moi was a lessee from the Government of Kenya following the surrender of the original title for subdivision by Chelugui and his co-owners.
She reiterated that Moi was the absolute owner of the suit property following registration on September 21, 1983, further submitting that prior to that date, the land was in the name of the Government of Kenya.
Also Read: Kenya’s Former President Daniel Arap Moi Mastered the Art of Silencing Critics
Chelugui’s family on their part argued that the lower court properly analyzed the history of the parcels of land that were being challenged as well as the evidence presented before it.
They further claimed that the surrender to the government and subsequent subdivision of the main property was fraudulent and illegal.
However, the Supreme Court judges in their judgment said the subsequent re-subdivision and transfer of the subplots to third parties was legal and could not be faulted on grounds of fraud.
“The third parties including Moi acquired good title to their portions pursuant to the subdivision and consequent transfer,” the judges said.
Land In Question
According to the court records seen by The Kenya Times (TKT), the property emanated from a parcel known as L.R No. 10492 (I.R. 17542) situated in Eldoret Municipality, measuring 3236 acres.
It was owned by Jacobus Hendrik Engelbretch, a South African settler, who sold it sometime in 1965 to N. K. Lagat and Partners.
The partnership comprised of Nathaniel Kiptalam arap Lagat, Thomas Kipkosgei arap Yator, Noah Kipngeny arap Chelugui, Cherwon arap Maritim and William Kimngeny arap Leting.
Notably, the parcel was subdivided into six portions in 1976 following a consent issued by the Uasin Gishu Land Control Board.
Five portions were distributed among the five partners while the 6th portion was transferred to Huruma Company Limited.
The lower courts had held that one of the portions belonged to the Late Chelugui which was also subdivided and later allegedly acquired by Moi unlawfully.
On first appeal by the appellants and Nathaniel K. Lagat (the 1st respondent), the Court of Appeal affirmed the ELC and upheld its award.
The court dismissed the appeal on grounds that the Limitation of Actions Act does not apply to violations of rights and freedoms guaranteed under the Constitution and that the protection under Article 40 of the current Constitution applies retrospectively.
Follow our WhatsApp Channel for real-time news updates!
https://whatsapp.com/channel/0029VaB3k54HltYFiQ1f2i2C
